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This page supplements the Intellectual Property Guide elsewhere on this site.

It identifies major copyright law rulings by courts and tribunals since 1990, along with pointers to selected academic studies.

     1990 De Garis v Neville Jeffress Pidler - Federal Court decision on employee ownership of copyright

     Banknote Case

1991 Yumbulul v Reserve Bank of Australia - Federal Court decision on indigenous IP ('banknote case') | 21 IPR 481

     Autodesk case

1992 Autodesk v Dyason (No 1) - High Court ruling on protection for computer source code and object code | 173 CLR 330 F.C. 92/001

     1993 APRA v Commonwealth Bank - Federal Court decision - definition of public performance (instructional video) | 25 IPR 157

     Blank Tape Case

1993 Australian Tape Manufacturers Association v Commonwealth - High Court decision rules that 'blank tape levy' is unconstitutional | 176 CLR 480 FC 93/004

     1994 Erica Vale Pty Ltd v Thompson & Morgan (Ipswich) Ltd - Federal Court decision on originality (protection for instructions on seed packets)

     Carpets Case

1994 Milpurrurru v Indofurn Pty Ltd - case regarding indigenous IP ('carpets case') | 54 FCR 240 (1994) 130 ALR 659. See Terri Janke's Minding Culture: Case Studies on Intellectual Property and Traditional Cultural Expressions - The Carpets Case (PDF)

     1995 Data Access Corporation v Powerflex Services Pty Ltd - Federal Court decision on software

     1995 Robert J Zupanovich Pty Ltd v B&N Beale Nominees Pty Ltd - employee rights

     Nationwide News

1996 Nationwide News Pty Ltd v Copyright Agency Ltd - originality (published edition copyright)

1996 King v Milpurrurru - Federal Court case | 66 FCR 474 (1996) 136 ALR 327

     1996 Amalgamated Television Services Pty Ltd v Foxtel Digital Cable Pty Ltd - retransmission

     1997 Schott Music International Gmbh v Colossal Record of Australasia Pty Ltd - Federal Court decision on moral rights

     1997 Galaxy Electronics v Sega Enterprises Ltd decision - Federal Court regards computer games as 'cinematograph film'

     Music on Hold

1997 Telstra Corporation Ltd v Australasian Performing Right Association Ltd - High Court decision on transmission right ('music on hold case')

     PPCA v FACTS

1998 Phonographic Performance Company of Australia Ltd v Federation of Australian Commercial Television Stations - unauthorised reproduction of soundtrack as infringement of film copyright

     Textiles Case

1998 Bulun Bulun v R&T Textiles Pty Ltd - Federal Court decision on indigenous IP ('textiles case')

     CAL v Uni of Adelade

1999 Copyright Agency Ltd v University of Adelaide - Copyright Tribunal decision on royalty rates

     Business Boost

2000 in Microsoft Corp v Business Boost Pty Ltd - High Court decision that copying copyright material to a hard disk or into a computer's RAM is a "reproduction in material form"

     Panel Case

2001 'Panel Case' - Federal Court ruling on fair dealing in broadcast television. | There's a cogent exploration by Michael Handler in 'A Real Pea Souper: The Panel Case & the Development of the Fair Dealing Defences to Copyright Infringement in Australia' in Melbourne University Law Review 27 (2003) and 'Before the High Court: The Panel Case & Television Broadcast Copyright ' in Sydney Law Review 25 (2003)

     DBMS v Telstra

2002 Desktop Marketing Systems Pty Ltd v Telstra Corporation Limited - Federal Court decision and High Court decision about originality (protection for telephone alphabetical white pages and yellow pages directories). The Federal Court held that common law historically granted copyright in directory and other 'list' cases on the basis of sweat of the brow, irrespective of any "creative" element in arrangement/selection of the list. It upheld Telstra's copyright in the directories on the basis of effort and expense in compilation, despite criticism by publisher Desktop Marketing Systems that there was no selective or creative effort and claims that Telstra's statutory obligation to compile the directories removed the incentive that is generally regarded as a public policy justification for recognition of copyright.

     Henley Arch v Tamawood

2003 Henley Arch Pty Ltd v Tamawood Pty Ltd - Federal Court decision regarding copyright in architects' plans. The Court held that the defendant had infringed copyright in the architectural plans and drawings of a project home, which had purchasedfrom a developer and ubsequently adapted by that client for construction by another builder. | FCA 204 (14 March 2003)

     Sony v University of Tasmania

2003 Sony Music Entertainment (Australia) Ltd v University of Tasmania - Federal Court decision on discovery application by record companies against three universities for alleged use of the universities' computer networks for reproduction and communication of MP3 files, infringing copyright in music and sound recordings. The companies sought access to university records to identify alleged infringers and to determine whether there are grounds to seek relief for infringement. The universities resisted on a number of grounds that included privacy. The Federal Court agreed to grant the orders on certain conditions, primarily regarding preservation of confidentiality and privilege. | FCA 532 (30 May 2003)

     Sony v Stevens

2003 Kabushiki Kaisha Sony Computer Entertainment v Stevens - full Federal Court decision regarding anticircumvention. The Court overturned the decision regarding circumvention of technological protection measures ("mod chips" in Sony playstations). In overturning the decision that the chip was not a technological protection measure within the meaning of the Copyright Act the Full Court agreed that there was no reproduction or copying in RAM when the game was played. | FCAFC 157 (30 July 2003)

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